RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02248
INDEX CODE: 137.01, 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) package be
corrected to reflect he selected Option A (Deferred election until age
60) and not Option C (Immediate coverage for spouse).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received his RCSBP package on 11 December 2001, but was activated
for Operation Enduring Freedom in January 2002 and deployed for 94
days. The package was misplaced while he was deployed and he forgot
about the suspense. He apologizes for his inattentiveness in this
matter and requests that his record be corrected to reflect he elected
Option A versus Option C.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He was notified of his eligibility to participate in the RCSBP on 12
August 2001, when he was first eligible. The election package was
sent by certified mail to his address and signed for on 11 December
2001. There is no evidence he made an election at that time. At the
end of his 90-day suspense the applicant was automatically enrolled in
Option C, “Immediate coverage for spouse.”
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends denial. In January 2001, Chapter 73 Title 10
U.S.C., was changed to insure that all members of the Armed Forces,
with family members who are eligible for coverage under the RCSBP,
have the security of knowing that their families are protected. The
RCSBP package that was sent to the applicant stated “if the completed
ARPC Form 123 is not received at the Reserve Center or postmarked
within 90 calendar days of receipt of this package at residence or
current mailing address, the member is considered to have made an
election if married, Option C will be elected, if not married then
Option A will be elected for the member.”
The DPS evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 22
Aug 2003 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. In this respect, we note that
the Air Force, in accordance with established procedures, sent the
applicant an election package by certified mail to his address. While
it is unfortunate that the applicant failed to make an election prior
to the 90-day suspense, we find no error on the part of the Air Force
in regards to the notification and, while unfortunate, we do not
believe that based on the existing circumstances that the applicant
has been the victim of an injustice. Therefore, in the absence of
evidence to the contrary, we find no basis upon which to recommend
favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an material error or an injustice; that
the application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
02248 in Executive Session on 30 September 2003, under the provisions
of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jun 03.
Exhibit B. Letter, HQ ARPC/DPS, dated 14 Aug 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 22 Aug 03.
DAVID C. VAN GASBECK
Panel Chair
AF | BCMR | CY2003 | BC-2003-02455
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On 9 August 1999 he signed and returned a completed ARPC Form 123 - Reserve Component Survivor Benefit Plan Election Certificate, electing Option C - Immediate Annuity for spouse and child. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a response, with attachments, which is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. ...
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However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...